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Discrimination plaintiff bound by oral release of claims despite later changing mind
  • Fenwick & West LLP
  • USA
  • May 19 2015

In Aki v. University of California Lawrence Berkeley National Laboratory, the plaintiff agreed to resolve his disability discrimination and failure


LinkedIn Reference Search not subject to Fair Credit Reporting Act
  • Fenwick & West LLP
  • USA
  • May 19 2015

Finding that LinkedIn's "Reference Search" function was not subject to the Fair Credit Reporting Act (FCRA), a Northern California federal district


Prevailing FEHA defendant not entitled to litigation costs unless Plaintiff’s lawsuit lacked objective basis
  • Fenwick & West LLP
  • USA
  • May 19 2015

The California Supreme Court in Williams v. Chino Valley Independent Fire District affirmed the asymmetrical nature of litigation costs awards in


EEOC conciliation efforts subject to limited judicial review
  • Fenwick & West LLP
  • USA
  • May 19 2015

In Mach Mining, LLC v. EEOC, the United States Supreme Court held that the conciliation efforts of the Equal Employment Opportunity Commission (EEOC


Ninth Circuit reviews enforceability of waiver of right to reemployment
  • Fenwick & West LLP
  • USA
  • April 24 2015

Does California Business and Professions Code 16600 prohibit employees from waiving their right to reemployment with prior employers? The answer is


Terminating employee for calling boss a “nasty mother fker violated NLRA
  • Fenwick & West LLP
  • USA
  • April 24 2015

In Pier Sixty, LLC and Hernan Perez and Evelyn Gonzalez, the National Labor Relations Board (the "NLRB" or the "Board") held that an employee's


Recent cases provide helpful reminders regarding best practices (and pitfalls) with employment arbitration clauses
  • Fenwick & West LLP
  • USA
  • March 25 2015

Scrutiny of mandatory, pre-employment arbitration agreements continues before California state and federal courts. Several recent decisions provide


WA industrial insurance applied to independent contractors who provided own specialized equipment
  • Fenwick & West LLP
  • USA
  • March 25 2015

In B&R Sales v. Labor & Industries, a Washington appellate court affirmed the Board of Industrial Insurance Appeals' decision that the at-issue


Court preliminarily approves $415m settlement of high-tech no-poaching lawsuit
  • Fenwick & West LLP
  • USA
  • March 25 2015

A California federal district court has preliminarily approved settlement of a class action by high-tech workers who claimed several major technology


On premises, on-call time compensable; sleep time not excluded
  • Fenwick & West LLP
  • USA
  • February 18 2015

Emphasizing that California law provides greater protections than federal law to on-call employees, the California Supreme Court in Mendiola v. CPS